Análise sobre a necessidade de fundamentação das decisões proferidas pelo conselho de sentença no tribunal do júri

Abstract

The Constitution of the Republic stipulates in its article 93, IX, that all decisions issued by the Judiciary must be public and justified, under penalty of nullity. However, the model of the jury's court adopted by the legislator in the Criminal Procedure Code goes against the fundamental precepts provided for in the Magna Carta, in which jurors, through their intimate conviction, are free to decide and are exempt from motivation. In this way, the present work aims to analyze if the Court of the Jury is compatible with the constitutional system. Thus, interviews were conducted with some legal operators who have already served on the Jury and it was possible to conclude that, although the jurors' vulnerability to the many factors that guide the process is recognized by all, the need for justification in this case can be dispensed with, because the adopted model aims at the protection of jurors, that is, an exception to the constitutional norm